New Section 1. (a) The state board of education shall not
knowingly
issue a certificate to or renew the certificate of any person who
has been
convicted of any offense or attempt to commit any offense specified
in
subsection (c) of K.S.A. 21-4619 and amendments thereto.

(b) Except as provided in subsection (c), the state board of
education
shall not knowingly issue a certificate to or renew the certificate
of any
person who:

(1) Has been convicted of a felony under the uniform
controlled sub-
stances act; (2) has been convicted of a felony described in any
section of
article 34 of chapter 21 of the Kansas Statutes Annotated or an act
de-
scribed in K.S.A. 21-3412 and amendments thereto, if the victim is
a
minor or student; (3) has been convicted of a felony described in
any
section of article 35 of chapter 21 of the Kansas Statutes
Annotated, other
than an act specified in subsection (c) of K.S.A. 21-4619 and
amendments
thereto, or has been convicted of an act described in K.S.A.
21-3517 and
amendments thereto, if the victim is a minor or student; (4) has
been
convicted of any act described in any section of article 36 of
chapter 21
of the Kansas Statutes Annotated, other than an act specified in
subsec-
tion (c) of K.S.A. 21-4619 and amendments thereto; (5) has been
con-
victed of a felony described in article 37 of chapter 21 of the
Kansas
Statutes Annotated; (6) has been convicted of an attempt under
K.S.A.
21-3301, and amendments thereto, to commit any act specified in
this
subsection; (7) has been convicted of any act which is described in
K.S.A.
21-4301, 21-4301a or 21-4301c, and amendments thereto; (8) has
been
convicted in another state or by the federal government of an act
similar
to any act described in this subsection; or (9) has entered into a
criminal
diversion agreement after having been charged with any offense
de-
scribed in this subsection.

(c) The state board of education may issue a certificate to or
renew
the certificate of a person who has been convicted of committing an
of-
fense or act described in subsection (b) or who has entered into a
criminal
diversion agreement after having been charged with an offense or
act
described in subsection (b) if the state board determines,
following a
hearing, that the person has been rehabilitated for a period of at
least
five years from the date of conviction of the offense or commission
of the
act or, in the case of a person who has entered into a criminal
diversion
agreement, that the person has satisfied the terms and conditions
of the
agreement. The state board of education may consider factors
including,
but not limited to, the following in determining whether to grant a
cer-
tificate:

(1) The nature and seriousness of the offense or act;

(2) the conduct of the person subsequent to commission of the
of-
fense or act;

(3) the time elapsed since the commission of the offense or
act;

(4) the age of the person at the time of the offense or
act;

(5) whether the offense or act was an isolated or recurring
incident;
and

(6) discharge from probation, pardon or expungement.

(d) Before any certificate is denied by the state board of
education
for any of the offenses or acts specified in subsections (a) and
(b), the
person shall be given notice and an opportunity for a hearing in
accord-
ance with the provisions of the Kansas administrative procedure
act.

(e) The county or district attorney shall file a report with
the state
board of education indicating the name, address and social security
num-
ber of any person who has been determined to have committed any
of-
fense or act specified in subsection (a) or (b) or to have entered
into a
criminal diversion agreement after having been charged with any
offense
or act specified in subsection (b). Such report shall be filed
within 30
days of the date of the determination that the person has committed
any
such act or entered into any such diversion agreement.

(f) The state board of education shall not be liable for civil
damages
to any person refused issuance or renewal of a certificate by
reason of the
state board's compliance, in good faith, with the provisions of
this section.

Sec. 2. K.S.A. 72-5445 is hereby amended to read as
follows: 72-
5445. (a) (1) Subject to the provisions of K.S.A.
72-5446, and amendmentstheretosubsection (b), the provisions of
K.S.A. 72-5438 through 72-5443,
and amendments thereto, apply only to: (1)(A) Teachers who have com-
pleted not less than three consecutive years of employment, and
been
offered a fourth contract, in the school district, area
vocational-technical
school or community college by which any such teacher is currently
em-
ployed; and (2)(B) teachers who have
completed not less than two con-
secutive years of employment, and been offered a third contract, in
the
school district, area vocational-technical school or community
college by
which any such teacher is currently employed if at any time prior
to the
current employment the teacher has completed the years of
employment
requirement of provision (1)subpart (A) in
any school district, area vo-
cational-technical school or community college in this state.

(b)(2) Any board may waive, at any
time, the years of employment
requirements of subsection (a)provision
(1) for any teachers employed
by it.

(3) The provisions of this subsection are subject to the
provisions ofK.S.A. 72-5446, and amendments thereto.

(b) The provisions of K.S.A. 72-5438 through 72-5443, and
amend-ments thereto, do not apply to any teacher whose certificate has
beennonrenewed or revoked by the state board of education for the
reasonthat the teacher: (1) Has been convicted of a felony under the
uniformcontrolled substances act; (2) has been convicted of a felony
described inany section of article 34 of chapter 21 of the Kansas Statutes
Annotatedor an act described in K.S.A. 21-3412 and amendments thereto, if
thevictim is a minor or student; (3) has been convicted of a felony
describedin any section of article 35 of chapter 21 of the Kansas
Statutes Annotated,or has been convicted of an act described in K.S.A. 21-3517 and
amend-ments thereto, if the victim is a minor or student; (4) has been
convictedof any act described in any section of article 36 of chapter 21
of the KansasStatutes Annotated; (5) has been convicted of a felony described
in article37 of chapter 21 of the Kansas Statutes Annotated; (6) has been
convictedof an attempt under K.S.A. 21-3301, and amendments thereto, to
commitany act specified in this subsection; (7) has been convicted of
any actwhich is described in K.S.A. 21-4301, 21-4301a or 21-4301c, and
amend-ments thereto; (8) has been convicted in another state or by the
federalgovernment of an act similar to any act described in this
subsection; or(9) has entered into a criminal diversion agreement after having
beencharged with any offense described in this subsection.

Sec. 3. K.S.A. 1997 Supp. 72-89b02 is hereby amended to
read as
follows: 72-89b02. As used in this act:

(a) ``Board of education'' means the board of education of a
unified
school district or the governing authority of an accredited
nonpublic
school.

(b) ``School'' means a public school or an accredited
nonpublic school.

(c) ``Public school'' means a school operated by a unified
school dis-
trict organized under the laws of this state.

(e) ``School employee'' means any teacher or other
professional orparaprofessional employee of a school who has exposure to a
pupil spec-ified in subsection (a)(1) through (5) of K.S.A. 72-89b03 and
amendmentsthereto.

(f) ``Administrator'' means any individual who is employed
by aschool in a supervisory or managerial capacity.

Sec. 4. K.S.A. 1997 Supp. 72-89b03 is hereby amended to
read as
follows: 72-89b03. (a) For the purpose of creating safer
and more secureschools and to provide a safe and orderly environment
conducive to learn-ing, eachSchool employees with knowledge that
a pupil is a pupil specifiedin this subsection shall inform administrators and
administrators withknowledge that a pupil is a pupil specified in this subsection
shall informall other school employees of the following:

(1) The identity of any pupil who has been expelled as
provided bysubsection (c) of K.S.A. 72-8901 and amendments thereto for
conductwhich endangers the safety of others;

(2) the identity of any pupil who has been expelled as
provided bysubsection (d) of K.S.A. 72-8901 and amendments
thereto;

(3) the identity of any pupil who has been expelled under a
policyadopted pursuant to K.S.A. 72-89a02 and amendments
thereto;

(4) the identity of any pupil who has been adjudged to be a
juvenileoffender and whose offense, if committed by an adult, would
constitute afelony under the laws of Kansas or the state where the offense
was com-mitted, except that this subsection shall not apply to an
adjudication as ajuvenile offender involving a felony theft offense involving no
direct threatto human life; and

(5) the identity of any pupil who has been tried and
convicted as anadult of any felony, except that this subsection shall not apply
to anyfelony conviction of theft involving no direct threat to human
life.

(b) Each board of education shall adopt a policy that
will provide forincludes:

(1) A requirement that an immediate report be made to the
appro-
priate state or local law enforcement agency by or on behalf of any
school
employee who knows or has reason to believe that an act has been
com-
mitted at school, on school property, or at a school supervised
activity and
that the act involved conduct which constitutes the commission of a
felony
or misdemeanor or which involves the possession, use or disposal of
ex-
plosives, firearms or other weapons,;
and

(2) the procedures for making such a
report;.

(2) compiling and reporting annually

(c) Administrators and other school employees shall not be
subject tothe provisions of subsection (b) of K.S.A. 1997 Supp. 72-89b04
andamendments thereto if:

(1) They follow the procedures from a policy adopted
pursuant to theprovisions of subsection (b); or

(2) their board of education fails to adopt such
policy.

(d) Each board of education shall annually compile and
report to the
state board of education at least the following information
relating to
school safety and security: The types and frequency of criminal
acts that
are required to be reported under provision (1)pursuant to the provisionsof subsection (b), disaggregated by occurrences at school,
on school prop-
erty and at school supervised activities. The report shall be
incorporated
into and become part of the current report required under the
quality
performance accreditation system;.

(3) making(e) Each board of
education shall make available to pu-
pils and their parents, to school employees and, upon request, to
others,
district policies and reports concerning school safety and
security, includ-
ing those required by this subsection, except that the
provisions of thissubsection shall not apply to the disclosures required pursuant
to subsec-tion (a).

(b)(f) Nothing in this section shall
be construed or operate in any
manner so as to prevent any school employee from reporting
criminal
acts to school officials and to appropriate state and local law
enforcement
agencies.

(c)(g) The state board of education
shall extract the information re-
lating to school safety and security from the quality performance
accred-
itation report and transmit the information to the governor, the
legisla-
ture, the attorney general, the secretary of health and
environment, and
the secretary of social and rehabilitation services.

(h) No board of education and no member of any such board
shall beliable for damages in a civil action for the actions or
omissions of anyadministrator pursuant to the requirements and provisions of the
Kansasschool safety and security act and to this end such board and
membersthereof shall have immunity from civil liability related
thereto. No ad-ministrator or school employee shall be liable for damages in a
civil actionfor the actions or omissions of such administrator or school
employeepursuant to the requirements and provisions of the Kansas school
safetyand security act and to this end such administrator or school
employeeshall have immunity from civil liability related
thereto.

New Sec. 5. If any provision of the Kansas school safety
and security
act as in effect on the effective date of this act, or as amended
by this act,
or the application of any such provision to any person or
circumstance is
held invalid, the invalidity shall not affect other provisions or
applications
of the act which can be given effect without the invalid provision
or ap-
plication and, to this end, the provisions of the Kansas school
safety and
security act as amended by this act are severable.

Sec. 6. K.S.A. 1997 Supp. 38-1502 is hereby amended to
read as
follows: 38-1502. As used in this code, unless the context
otherwise in-
dicates:

(a) ``Child in need of care'' means a person less than 18
years of age
who:

(1) Is without adequate parental care, control or subsistence
and the
condition is not due solely to the lack of financial means of the
child's
parents or other custodian;

(2) is without the care or control necessary for the child's
physical,
mental or emotional health;

(3) has been physically, mentally or emotionally abused or
neglected
or sexually abused;

(4) has been placed for care or adoption in violation of
law;

(5) has been abandoned or does not have a known living
parent;

(6) is not attending school as required by K.S.A. 72-977 or
72-1111,
and amendments thereto;

(7) except in the case of a violation of K.S.A. 41-727,
subsection (j)
of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and
amend-
ments thereto, or, except as provided in subsection (a)(12) of
K.S.A. 21-
4204a and amendments thereto, does an act which, when committed
by
a person under 18 years of age, is prohibited by state law, city
ordinance
or county resolution but which is not prohibited when done by an
adult;

(8) while less than 10 years of age, commits any act which if
done by
an adult would constitute the commission of a felony or misdemeanor
as
defined by K.S.A. 21-3105 and amendments thereto;

(9) is willfully and voluntarily absent from the child's home
without
the consent of the child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second
time from a
court ordered or designated placement, or a placement pursuant to
court
order, if the absence is without the consent of the person with
whom the
child is placed or, if the child is placed in a facility, without
the consent
of the person in charge of such facility or such person's
designee;

(11) has been residing in the same residence with a sibling or
another
person under 18 years of age, who has been physically, mentally or
emo-
tionally abused or neglected, or sexually abused; or

(12) while less than 10 years of age commits the offense
defined in
K.S.A. 21-4204a and amendments thereto.

(b) ``Physical, mental or emotional abuse or neglect'' means
the in-
fliction of physical, mental or emotional injury or the causing of
a dete-
rioration of a child and may include, but shall not be limited to,
failing to
maintain reasonable care and treatment, negligent treatment or
maltreat-
ment or exploiting a child to the extent that the child's health or
emotional
well-being is endangered. A parent legitimately practicing
religious beliefs
who does not provide specified medical treatment for a child
because of
religious beliefs shall not for that reason be considered a
negligent parent;
however, this exception shall not preclude a court from entering an
order
pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments
thereto.

(c) ``Sexual abuse'' means any act committed with a child
which is
described in article 35, chapter 21 of the Kansas Statutes
Annotated and
those acts described in K.S.A. 21-3602 or 21-3603, and
amendments
thereto, regardless of the age of the child.

(d) ``Parent,'' when used in relation to a child or children,
includes a
guardian, conservator and every person who is by law liable to
maintain,
care for or support the child.

(e) ``Interested party'' means the state, the petitioner, the
child, any
parent and any person found to be an interested party pursuant to
K.S.A.
38-1541 and amendments thereto.

(f) ``Law enforcement officer'' means any person who by virtue
of
office or public employment is vested by law with a duty to
maintain
public order or to make arrests for crimes, whether that duty
extends to
all crimes or is limited to specific crimes.

(g) ``Youth residential facility'' means any home, foster home
or struc-
ture which provides 24-hour-a-day care for children and which is
licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated.

(h) ``Shelter facility'' means any public or private facility
or home
other than a juvenile detention facility that may be used in
accordance
with this code for the purpose of providing either temporary
placement
for the care of children in need of care prior to the issuance of a
dispos-
itional order or longer term care under a dispositional order.

(i) ``Juvenile detention facility'' means any secure public or
private
facility used for the lawful custody of accused or adjudicated
juvenile
offenders which must not be a jail.

(j) ``Adult correction facility'' means any public or private
facility, se-
cure or nonsecure, which is used for the lawful custody of accused
or
convicted adult criminal offenders.

(k) ``Secure facility'' means a facility which is operated or
structured
so as to ensure that all entrances and exits from the facility are
under the
exclusive control of the staff of the facility, whether or not the
person
being detained has freedom of movement within the perimeters of
the
facility, or which relies on locked rooms and buildings, fences or
physical
restraint in order to control behavior of its residents. No secure
facility
shall be in a city or county jail.

(l) ``Ward of the court'' means a child over whom the court
has ac-
quired jurisdiction by the filing of a petition pursuant to this
code and
who continues subject to that jurisdiction until the petition is
dismissed
or the child is discharged as provided in K.S.A. 38-1503 and
amendments
thereto.

(m) ``Custody,'' whether temporary, protective or legal, means
the
status created by court order or statute which vests in a
custodian,
whether an individual or an agency, the right to physical
possession of
the child and the right to determine placement of the child,
subject to
restrictions placed by the court.

(n) ``Placement'' means the designation by the individual or
agency
having custody of where and with whom the child will live.

(o) ``Secretary'' means the secretary of social and
rehabilitation serv-
ices.

(p) ``Relative'' means a person related by blood, marriage or
adoption
but, when referring to a relative of a child's parent, does not
include the
child's other parent.

(q) ``Court-appointed special advocate'' means a responsible
adult
other than an attorney guardian ad litem who is appointed by
the court
to represent the best interests of a child, as provided in K.S.A.
38-1505a
and amendments thereto, in a proceeding pursuant to this code.

(r) ``Multidisciplinary team'' means a group of persons,
appointed by
the court or by the state department of social and rehabilitation
services
under K.S.A. 38-1523a and amendments thereto, which has
knowledge
of the circumstances of a child in need of care.

(s) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as
an adult
jail or lockup, unless the facility meets all applicable standards
and licen-
sure requirements under law and there is (A) total separation of
the ju-
venile and adult facility spatial areas such that there could be no
haphaz-
ard or accidental contact between juvenile and adult residents in
the
respective facilities; (B) total separation in all juvenile and
adult program
activities within the facilities, including recreation, education,
counseling,
health care, dining, sleeping, and general living activities; and
(C) separate
juvenile and adult staff, including management, security staff and
direct
care staff such as recreational, educational and counseling.

(t) ``Kinship care'' means the placement of a child in the
home of the
child's relative or in the home of another adult with whom the
child or
the child's parent already has a close emotional attachment.

(u) ``Juvenile intake and assessment worker'' means a
responsibleadult authorized to perform intake and assessment services as a
part ofthe intake and assessment system established pursuant to K.S.A.
75-7023and amendments thereto.

(w) ``Educator'' means any administrator, teacher or other
profes-sional or paraprofessional employee of an educational
institution who hasexposure to a pupil specified in subsection (a)(1) through (5)
of K.S.A. 72-89b03 and amendments thereto.

Sec. 7. K.S.A. 1997 Supp. 38-1507 is hereby amended to
read as
follows: 38-1507. (a) Except as otherwise provided, in order
to protect
the privacy of children who are the subject of a child in need of
care
record or report, all records and reports concerning children in
need of
care, including the juvenile intake and assessment report, received
by the
department of social and rehabilitation services, a law
enforcement
agency or any juvenile intake and assessment worker shall be kept
con-
fidential except: (1) To those persons or entities with a need for
infor-
mation that is directly related to achieving the purposes of this
code, or
(2) upon an order of a court of competent jurisdiction pursuant to
a
determination by the court that disclosure of the reports and
records is
in the best interests of the child or are necessary for the
proceedings
before the court, or both, and are otherwise admissible in
evidence. Such
access shall be limited to in camera inspection unless the court
otherwise
issues an order specifying the terms of disclosure.

(b) The provisions of subsection (a) shall not prevent
disclosure ofinformation to an educational institution or to individual
educators abouta pupil specified in subsection (a) (1) through (5) of K.S.A.
72-89b03 andamendments thereto.

(c) When a report is received by the department of
social and reha-
bilitation services, a law enforcement agency or any juvenile
intake and
assessment worker which indicates a child may be in need of care,
the
following persons and entities shall have a free exchange of
information
between and among them:

(1) The department of social and rehabilitation services;

(2) the commissioner of juvenile justice;

(3) the law enforcement agency receiving such report;

(4) members of a court appointed multidisciplinary team;

(5) an entity mandated by federal law or an agency of any
state au-
thorized to receive and investigate reports of a child known or
suspected
to be in need of care;

(6) a military enclave or Indian tribal organization
authorized to re-
ceive and investigate reports of a child known or suspected to be
in need
of care;

(7) a county or district attorney;

(8) a court services officer who has taken a child into
custody pursuant
to K.S.A. 38-1527, and amendments thereto;

(9) a guardian ad litem appointed for a child alleged to be in
need of
care;

(10) an intake and assessment worker; and

(11) any community corrections program which has the child
under
court ordered supervision.

(c)(d) The following persons or
entities shall have access to infor-
mation, records or reports received by the department of social and
re-
habilitation services, a law enforcement agency or any juvenile
intake and
assessment worker. Access shall be limited to information
reasonably nec-
essary to carry out their lawful responsibilities to maintain
their personalsafety and the personal safety of individuals in their care
or to diagnose,
treat, care for or protect a child alleged to be in need of
care.

(1) A child named in the report or records.

(2) A parent or other person responsible for the welfare of a
child,
or such person's legal representative.

(3) A court-appointed special advocate for a child, a citizen
review
board or other advocate which reports to the court.

(4) A person licensed to practice the healing arts or mental
health
profession in order to diagnose, care for, treat or supervise: (A)
A child
whom such service provider reasonably suspects may be in need of
care;
(B) a member of the child's family; or (C) a person who allegedly
abused
or neglected the child.

(5) A person or entity licensed or registered by the secretary
of health
and environment or approved by the secretary of social and
rehabilitation
services to care for, treat or supervise a child in need of care.
In order to
assist a child placed for care by the secretary of social and
rehabilitation
services in a foster home or child care facility, the secretary
shall provide
relevant information to the foster parents or child care facility
prior to
placement and as such information becomes available to the
secretary.

(6) A coroner or medical examiner when such person is
determining
the cause of death of a child.

(7) The state child death review board established under
K.S.A. 22a-
243, and amendments thereto.

(8) A prospective adoptive parent prior to placing a child in
their care.

(9) The department of health and environment or person
authorized
by the department of health and environment pursuant to K.S.A.
59-512,
and amendments thereto, for the purpose of carrying out
responsibilities
relating to licensure or registration of child care providers as
required by
chapter 65 of article 5 of the Kansas Statutes Annotated, and
amendments
thereto.

(10) The state protection and advocacy agency as provided by
sub-
section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B)
of K.S.A.
74-5515, and amendments thereto.

(11) Any educational institution to the extent allowed
pursuant to lawor pursuant to court ordernecessary to enable
the educational institutionto provide the safest possible environment for its pupils and
employees.

(12) Any educator to the extent necessary to enable the
educator toprotect the personal safety of the educator and the educator's
pupils.

(d)(e) Information from a record or
report of a child in need of care
shall be available to members of the standing house or senate
committee
on judiciary, house committee on appropriations, senate committee
on
ways and means, legislative post audit committee and joint
committee on
children and families, carrying out such member's or committee's
official
functions in accordance with K.S.A. 75-4319 and amendments
thereto,
in a closed or executive meeting. Except in limited conditions
established
by 2/3 of the members of such committee, records and reports
received
by the committee shall not be further disclosed. Unauthorized
disclosure
may subject such member to discipline or censure from the house
of
representatives or senate.

(e)(f) Nothing in this section shall
be interpreted to prohibit the
secretary of social and rehabilitation services from summarizing
the out-
come of department actions regarding a child alleged to be a child
in
need of care to a person having made such report.

(f)(g) Disclosure of information from
reports or records of a child in
need of care to the public shall be limited to confirmation of
factual details
with respect to how the case was handled that do not violate the
privacy
of the child, if living, or the child's siblings, parents or
guardians. Further,
confidential information may be released to the public only with
the ex-
press written permission of the individuals involved or their
representa-
tives or upon order of the court having jurisdiction upon a finding
by the
court that public disclosure of information in the records or
reports is
necessary for the resolution of an issue before the court.

(g)(h) Nothing in this section shall
be interpreted to prohibit a court
of competent jurisdiction from making an order disclosing the
findings
or information pursuant to a report of alleged or suspected child
abuse
or neglect which has resulted in a child fatality or near fatality
if the court
determines such disclosure is necessary to a legitimate state
purpose. In
making such order, the court shall give due consideration to the
privacy
of the child, if, living, or the child's siblings, parents or
guardians.

(h)(i) Information authorized to be
disclosed in subsections (c)(d)
through (f)(g) shall not contain
information which identifies a reporter
of a child in need of care.

(i)(j) Records or reports authorized
to be disclosed in this section
shall not be further disclosed, except that the provisions of
this subsectionshall not prevent disclosure of information to an educational
institutionor to individual educators about a pupil specified in subsection
(a)(1)through (5) of K.S.A. 72-89b03 and amendments thereto.

(j)(k) Anyone who participates in
providing or receiving information
without malice under the provisions of this section shall have
immunity
from any civil liability that might otherwise be incurred or
imposed. Any
such participant shall have the same immunity with respect to
participa-
tion in any judicial proceedings resulting from providing or
receiving in-
formation.

(k)(l) No individual, association,
partnership, corporation or other
entity shall willfully or knowingly disclose, permit or encourage
disclosure
of the contents of records or reports concerning a child in need of
care
received by the department of social and rehabilitation services, a
law
enforcement agency or a juvenile intake and assessment worker
except
as provided by this code. Violation of this subsection is a class B
misde-
meanor.

Sec. 8. K.S.A. 1997 Supp. 38-1602 is hereby amended to
read as
follows: 38-1602. As used in this code, unless the context
otherwise re-
quires:

(a) ``Juvenile'' means a person 10 or more years of age but
less than
18 years of age.

(b) ``Juvenile offender'' means a person who does an act while
a ju-
venile which if done by an adult would constitute the commission of
a
felony or misdemeanor as defined by K.S.A. 21-3105 and
amendments
thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A.
41-
727 or subsection (j) of K.S.A. 74-8810, and amendments thereto,
but
does not include:

(1) A person 14 or more years of age who commits a traffic
offense,
as defined in subsection (d) of K.S.A. 8-2117 and amendments
thereto;

(2) a person 16 years of age or over who commits an offense
defined
in chapter 32 of the Kansas Statutes Annotated;

(3) a person whose prosecution as an adult is authorized
pursuant to
K.S.A. 38-1636 and amendments thereto and whose prosecution
results
in the conviction of an adult crime; or

(4) a person who has been found to be an extended jurisdiction
ju-
venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and
amendment
thereto, and whose stay of adult sentence execution has been
revoked.

(c) ``Parent,'' when used in relation to a juvenile or a
juvenile of-
fender, includes a guardian, conservator and every person who is by
law
liable to maintain, care for or support the juvenile.

(d) ``Law enforcement officer'' means any person who by virtue
of
that person's office or public employment is vested by law with a
duty to
maintain public order or to make arrests for crimes, whether that
duty
extends to all crimes or is limited to specific crimes.

(e) ``Youth residential facility'' means any home, foster home
or struc-
ture which provides twenty-four-hour-a-day care for juveniles and
which
is licensed pursuant to article 5 of chapter 65 of the Kansas
Statutes
Annotated.

(f) ``Juvenile detention facility'' means any secure public or
private
facility which is used for the lawful custody of accused or
adjudicated
juvenile offenders and which must not be a jail.

(h) ``Warrant'' means a written order by a judge of the court
directed
to any law enforcement officer commanding the officer to take into
cus-
tody the juvenile named or described therein.

(i) ``Commissioner'' means the commissioner of juvenile
justice.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building as an adult jail or
lockup, unless the
facility meets all applicable licensure requirements under law and
there
is (A) total separation of the juvenile and adult facility spatial
areas such
that there could be no haphazard or accidental contact between
juvenile
and adult residents in the respective facilities; (B) total
separation in all
juvenile and adult program activities within the facilities,
including rec-
reation, education, counseling, health care, dining, sleeping, and
general
living activities; and (C) separate juvenile and adult staff,
including man-
agement, security staff and direct care staff such as recreational,
educa-
tional and counseling.

(k) ``Court-appointed special advocate'' means a responsible
adult,
other than an attorney appointed pursuant to K.S.A. 38-1606 and
amend-
ments thereto, who is appointed by the court to represent the best
inter-
ests of a child, as provided in K.S.A. 1997 Supp. 38-1606a, and
amend-
ments thereto, in a proceeding pursuant to this code.

(l) ``Juvenile intake and assessment worker'' means a
responsible
adult authorized to perform intake and assessment services as part
of the
intake and assessment system established pursuant to K.S.A. 1997
Supp.
76-3202, and amendments thereto.

(n) ``Sanction house'' means a facility which is operated or
structured
so as to ensure that all entrances and exits from the facility are
under the
exclusive control of the staff of the facility, whether or not the
person
being detained has freedom of movement within the perimeters of
the
facility, or which relies on locked rooms and buildings, fences, or
physical
restraint in order to control behavior of its residents. Upon an
order from
the court, a licensed juvenile detention facility may serve as a
sanction
house. A sanction house may be physically connected to a
nonsecure
shelter facility provided the sanction house is not a licensed
juvenile de-
tention facility.

(o) ``Sentencing risk assessment tool'' means an instrument
adminis-
tered to juvenile offenders which delivers a score, or group of
scores,
describing, but not limited to describing, the juvenile's potential
risk to
the community.

(q) ``Educator'' means any administrator, teacher or other
profes-sional or paraprofessional employee of an educational
institution who hasexposure to a pupil specified in subsection (a)(1) through (5)
of K.S.A. 72-89b03 and amendments thereto.

Sec. 9. K.S.A. 1997 Supp. 38-1608 is hereby amended to
read as
follows: 38-1608. (a) All records of law enforcement officers and
agencies
and municipal courts concerning a public offense committed or
alleged
to have been committed by a juvenile under 14 years of age shall be
kept
readily distinguishable from criminal and other records and shall
not be
disclosed to anyone except:

(1) The judge and members of the court staff designated by the
judge
of a court having the juvenile before it in any proceedings;

(2) parties to the proceedings and their attorneys;

(3) the department of social and rehabilitation services;

(4) any individual, or any officer of a public or private
agency or in-
stitution, having custody of the juvenile under court order or
providing
educational, medical or mental health services to the juvenile or a
court-
approved advocate for the juvenile;

(5) any educational institution to the extent necessary to
enable theeducational institution to provide the safest possible
environment for itspupils and employees;

(6) any educator to the extent necessary to enable the
educator toprotect the personal safety of the educator and the educator's
pupils;

(7) law enforcement officers or county or district
attorneys or their
staff when necessary for the discharge of their official
duties;

(6)(8) the central repository, as
defined by K.S.A. 22-4701 and
amendments thereto, for use only as a part of the juvenile offender
in-
formation system established under K.S.A. 38-1618 and
amendments
thereto;

(7)(9) juvenile intake and assessment
workers;

(8)(10) juvenile justice
authority;

(9)(11) any other person when
authorized by a court order, subject
to any conditions imposed by the order; and

(10)(12) as provided in subsection
(c).

(b) The provisions of this section shall not apply to records
concern-
ing:

(1) A violation, by a person 14 or more years of age, of any
provision
of chapter 8 of the Kansas Statutes Annotated or of any city
ordinance or
county resolution which relates to the regulation of traffic on the
roads,
highways or streets or the operation of self-propelled or
nonself-propelled
vehicles of any kind;

(2) a violation, by a person 16 or more years of age, of any
provision
of chapter 32 of the Kansas Statutes Annotated; or

(3) an offense for which the juvenile is prosecuted as an
adult.

(c) All records of law enforcement officers and agencies and
munic-
ipal courts concerning a public offense committed or alleged to
have been
committed by a juvenile 14 or more years of age shall be subject to
the
same disclosure restrictions as the records of adults. Information
identi-
fying victims and alleged victims of sex offenses, as defined in
K.S.A.
chapter 21, article 35, shall not be disclosed or open to public
inspection
under any circumstances. Nothing in this section shall prohibit the
victim
or any alleged victim of any sex offense from voluntarily
disclosing such
victim's identity.

(d) Relevant information, reports and records shall be made
available
to the department of corrections upon request and a showing that
the
former juvenile has been convicted of a crime and placed in the
custody
of the secretary of the department of corrections.

(e) All records, reports and information obtained as a part of
the
juvenile intake and assessment process for juvenile offenders shall
be
confidential and shall not be disclosed except as provided in this
section
or by rules and regulations established by the commissioner of
juvenile
justice.

(1) Any court of record may order the disclosure of such
records,
reports and other information to any person or entity.

(2) The head of any juvenile intake and assessment program,
certified
pursuant to the commissioner of juvenile justice, may authorize
disclosure
of such records, reports and other information to:

(A) A person licensed to practice the healing arts who has
before that
person a child whom the person reasonably suspects may be abused
or
neglected;

(B) a court-appointed special advocate for a child, which
advocate
reports to the court, or an agency having the legal responsibility
or au-
thorization to care for, treat or supervise a child;

(C) a parent or other person responsible for the welfare of a
child,
or such person's legal representative, with protection for the
identity of
persons reporting and other appropriate persons;

(D) the child or the guardian ad litem for such child;

(E) the police or other law enforcement agency;

(F) an agency charged with the responsibility of preventing or
treat-
ing physical, mental or emotional abuse or neglect or sexual abuse
of
children, if the agency requesting the information has standards of
con-
fidentiality as strict or stricter than the requirements of the
Kansas code
for care of children or the Kansas juvenile justice code, whichever
is
applicable;

(G) a person who is a member of a multidisciplinary team;

(H) an agency authorized by a properly constituted authority
to di-
agnose, care for, treat or supervise a child who is the subject of
a report
or record of child abuse or neglect;

(I) any individual, or public or private agency authorized by
a properly
constituted authority to diagnose, care for, treat or supervise a
child who
is the subject of a report or record of child abuse or neglect and
specif-
ically includes the following: Physicians, psychiatrists, nurses,
nurse prac-
titioners, psychologists, licensed social workers, child
development spe-
cialists, physicians' assistants, community mental health workers,
alcohol
and drug abuse counselors and licensed or registered child care
providers;

(J) a citizen review board;

(K) an educational institution if related to a juvenile
offender that isrequired to attendattends such educational
institution as part of an im-mediate intervention program, probation or post-release
supervision.; and

(L) educators who have exposure to the juvenile offender or
who areresponsible for pupils who have exposure to the juvenile
offender.

(3) To any juvenile intake and assessment worker of another
certified
juvenile intake and assessment program.

Sec. 10. K.S.A. 1997 Supp. 38-1618 is hereby amended to
read as
follows: 38-1618. (a) In order to properly advise the three
branches of
government on the operation of the juvenile justice system, there
is
hereby established within and as a part of the central repository,
as de-
fined by K.S.A. 22-4701 and amendments thereto, a juvenile
offender
information system. The system shall serve as a repository of
juvenile
offender information which is collected by juvenile justice
agencies and
reported to the system. Unless extended by an official action of
the Kansas
criminal justice coordinating council, the juvenile offender
information
system shall be operational and functional on or before July 1,
1997.

(b) Except as otherwise provided by this subsection, every
juvenile
justice agency shall report juvenile offender information, whether
col-
lected manually or by means of an automated system, to the central
re-
pository, in accordance with rules and regulations adopted pursuant
to
this section. A juvenile justice agency shall report to the central
repository
those reportable events involving a violation of a county
resolution or city
ordinance only when required by rules and regulations adopted by
the
director.

(c) Reporting methods may include:

(1) Submission of juvenile offender information by a juvenile
justice
agency directly to the central repository;

(2) if the information can readily be collected and reported
through
the court system, submission to the central repository by the
office of
judicial administrator; or

(3) if the information can readily be collected and reported
through
juvenile justice agencies that are part of a geographically based
infor-
mation system, submission to the central repository by the
agencies.

(d) The director may determine, by rule and regulation, the
report-
able events to be reported by each juvenile justice agency, in
order to
avoid duplication in reporting.

(e) Juvenile offender information maintained in the juvenile
offender
information system is confidential and shall not be disseminated or
pub-
licly disclosed in a manner which enables identification of any
individual
who is a subject of the information, except that the information
shall be
open to inspection by law enforcement agencies of this state, by
the de-
partment of social and rehabilitation services if related to an
individual in
the secretary's custody or control, by the juvenile justice
authority if re-
lated to an individual in the commissioner's custody or control, by
the
department of corrections if related to an individual in the
commissioner's
custody or control, by the educational institution to the
extent allowedpursuant to law or pursuant to a court order, if related to
an individualthat is required to attend such educational institution as
part of an im-mediate intervention program, probation or post-release
supervisioned-ucational institutions to the extent necessary to enable such
institutionsto provide the safest possible environment for pupils, teachers
and otheremployees, by any educator to the extent necessary to enable the
educatorto protect the personal safety of the educator and the
educator's pupils,
by the officers of any public institution to which the individual
is com-
mitted, by county and district attorneys, by attorneys for the
parties to a
proceeding under this code, the intake and assessment worker or
upon
order of a judge of the district court or an appellate court.

(f) Any journal entry of a trial of a juvenile adjudged to be
a juvenile
offender shall state the number of the statute under which the
juvenile
is adjudicated to be a juvenile offender and specify whether each
offense,
if done by an adult, would constitute a felony or misdemeanor, as
defined
by K.S.A. 21-3105 and amendments thereto.

(g) Any law enforcement agency that willfully fails to make
any report
required by this section shall be liable to the state for the
payment of a
civil penalty, recoverable in an action brought by the attorney
general, in
an amount not exceeding $500 for each report not made. Any civil
penalty
recovered under this subsection shall be paid into the state
general fund.

(h) The director shall adopt any rules and regulations
necessary to
implement, administer and enforce the provisions of this
section.

(i) K.S.A. 38-1617 and amendments thereto and this section
shall be
part of and supplemental to the Kansas juvenile justice code.

(j) The director shall develop incentives to encourage the
timely entry
of juvenile offender information into the central repository.

Sec. 11. K.S.A. 72-4919 is hereby amended to read as
follows: 72-
4919. As used in this act, unless the context otherwise
requires:

(a) ``Proprietary school'' or ``school'' means any business
enterprise,whether operated foron a
profit, or on a nonprofitnot-for-profit basis,
which:

(1) Maintains a place of business within the state of
Kansas, or solicits
business within the state of Kansas, and
which;

(2) is not specifically exempted by the provisions of
this act; and

(1) which(3) offers or
maintains a course or courses of instructionor study; or

(2) at which place of business such a course
or courses of instruction
or study is available through classroom
instructioncontact or by corre-
spondence, or both, to a person or persons for the
purpose of training or
preparing such personpersons for a field
of endeavor in a business, trade,
technical, or industrial occupation, or for avocational or
personal improve-ment, except as hereinafter excluded.

(b) ``Owner'' of a school means:

(1) In the case of a school owned by an individual, that
individual;

(2) in the case of a school owned by a partnership, all full,
silent, and
limited partners; and

(3) in the case of a school owned by a corporation, the
corporation,
its directors, officers and each shareholder owning shares of
issued and
outstanding stock aggregating at least ten percent
(10%)10% of the total
of the issued and outstanding shares.

(c) ``Branch school'' means any subsidiary place of
business main-tained within the state of Kansas by a school at a site which is
separatefrom the site of the principal place of business maintained by
the schooland at which subsidiary place of business the school offers a
course orcourses of instruction or study identical to the course or
courses of in-struction or study offered by the school at its principal place
of business.

(c)(d) ``School employee'' means any
person, other than an owner,
who directly or indirectly receives compensation from a
proprietary
school for services rendered.

(d)(e) ``Representative'' means
aany person employed by a propri-
etary school whether the school is located within or
without the state ofKansas, to act as an agent, solicitor, or
broker or independent contractor
to directly procure students or enrollees for the
school by solicitation
within or without this state at any place other
than the office or a place
of business of the school.

(e)(f) ``State board'' means the
state board of education, or such
person or persons as may be designated by itthe state board to administer
the provisions of this act.

(f) ``Notice to the school'' means written
correspondence sent to theaddress of record for legal service contained in the
application for a cer-tificate of approval. ``Date of notice'' means the date the
notice is mailedby the state board.

(g) ``Support'' or ``supported'' means the primary source and
means
by which a school derives revenue to perpetuate
its operation of theschool.

Sec. 12. K.S.A. 72-4920 is hereby amended to read as
follows: 72-
4920. The following schools or educational institutions
shall be specificallyare exempt from the provisions of this act and shall not be
considered to
be within the definition of ``proprietary
school'':

(a) A school or educational institution supported primarily by
taxation
from either a local or state source.

(b) Nonprofit schools owned, controlled, operated and
conducted by
bona fide religious, denominational, eleemosynary or similar
public insti-
tutions exempt from property taxation under the laws of this
state, but.
Such schools may choose to apply for a certificate of approval
hereunder,
and, upon approval of the application and issuance
of a certificate, shall
be subject to the provisions of this act as determined by the state
board.

(c) A school or training program which offers instruction
of purelyonly for avocational or recreational
subjectspurposes as determined by
the state board.

(d) A course or courses of instruction or study sponsored by
an em-
ployer for the training and preparation of its own employees, and
for
which no tuition or other fee is charged to the student.

(e) A course or courses of study or instruction sponsored by a
rec-
ognized trade, business, or professional organization having a
closedmembership for the instruction of the members of the
organization witha closed membership, and for which no tuition
or other fee is charged to
the student.

(f) Private colleges and universities which award a
baccalaureate, or
higher degree, and which maintain and operate
educational programs for
which credits are given. A majority of said credits must be
transferableto a college, junior college, or university,
and are accredited by a nationalnationally recognized accrediting agency listed by the
United States office
of education under the provisions of chapter 33, title 38,
U.S. code andsuch subsequent federal legislation as is approved by the
state board.

(g) A school which is otherwise regulated and approved under
any
other law of this state.

(h) A course or courses of special study or instruction
having a closedenrollment and financed and/oror
subsidized on a contract basis by the
local or state government, private industry, or any person, firm,
associa-
tion or agency, other than the student involved, on a
contract basis andhaving a closed enrollment, except that. A
school financed and/oror sub-
sidized by federal or special funds may apply to the state board
for ex-
emption from the provisions of this act and may be declared exempt
by
the state board when it finds the operation of such school to be
outside
the purview of this act.

Sec. 13. K.S.A. 72-4921 is hereby amended to read as
follows: 72-
4921. (a) The state board shall exercise
jurisdiction and control of thesystem of schools and enforce minimum standards for
approval of schoolsunder rules and regulations and policies hereinafter set
forth and as mayfrom time to time be adopted pursuant to the provisions of
this act. Thestate board may adopt rules and regulations
to carry out the intent andfor administration of the provisions of this act. Prior
to the adoption ofany such rules and regulations, the state board shall afford the
commissionan opportunity to make recommendations thereon.

(b) The state board shall maintain a list of proprietary
schools whichhave been issued a certificate of approval.

Sec. 14. K.S.A. 72-4922 is hereby amended to read as
follows: 72-
4922. (a) The advisory commission on proprietary schools, referred
to as
the ``commission,'' is hereby
created consisting. The commission shall
con-sist of nine (9) members appointed by the
state board, each member to.Members shall serve from the date of his or
her appointment until De-cember 31, 1972, and for terms of four (4)
calendar years each thereafter:Provided, however,That the
appointments effective as of January 1, 1973,shall be for three (3) members for terms of four (4) years,
three (3)members for terms of three (3) years and three (3) members
for termsof two (2) years. If a commission member resigns,
or is otherwise unable
to serve, a new member shall be appointed by the state board to
fill the
unexpired term. Five members of the commission shall be owners
or
managers of proprietary schools as defined in this
act, and at least threetwo of the five members shall represent schools which, at
the time ofappointment of such members, have received
accreditation from anyagency recognized by the United States office of
educationenrollmentsof under 125 students. Four members shall be selected from
among the
following categories: Secondary school principals, guidance
counselorsschools, postsecondary schools, agriculture, business or
management, or-
ganized labor, and health occupations, except that one
member shall bea person who does not fall within the categories specified
in this subsec-tion.

(b) The commission shall elect one member as
chairmanchairperson
of the commission and such other officers as may be necessary.

(c) The commission shall meet at least annually in Topeka
at 10:00o'clock a.m. on the second Tuesdayduring the
month of October, and
shall conduct special meetings on the call of the
chairman,chairpersonor the state board or at the request of at least four
members of the
commission.

(d) Members of the advisory commission on proprietary schools
at-
tending meetings of such commission, or attending a subcommittee
meet-
ing thereof authorized by such commission, shall be paid amounts
pro-
vided in subsection (e) of K.S.A. 75-3223, and amendments
thereto.

(e) A majority of the commission is a quorum for
theto conduct of
business, but no less than four members must concur to pass upon
any
matter before the commission.

(f) The commission shall recommend policies, regulations,
minimum
standards and general rules that the commission deems
necessary for car-rying outadministering the provisions of
this act.

Sec. 15. K.S.A. 72-4924 is hereby amended to read as
follows: 72-
4924. (a) By complying with the provisions of the
appropriate followingsections of this act, aNo proprietary
school may obtainoperate withinthis state without obtaining a certificate of approval from
the state boardwhich shall permit the school to operate within this
stateas provided inthis act.

(b) Schools domiciled, or having their principal place
of business,outside of the state of Kansas, that canvass, solicit or
contract with anyperson within the state of Kansas shall obtain a
certificate of approvalfrom the state board for each such branch
school.

(c) Any contract entered into with
any person for a course or coursesof instruction after the effective date of this
act by or on behalf of any
owner, school employee or representative of a school which
is subject to
the provisions of this act to, but which
has not obtained a certificate of
approval has not been issued, shall be
unenforceable in any action broughtthereon.

Sec. 16. K.S.A. 72-4925 is hereby amended to read as
follows: 72-
4925. (a) Each proprietary schoolsschool shall make written applicationapply to the state board for certificatesa certificate of approval. A pro-prietary school shall not be required to obtain a certificate of
approvalfor maintenance of any branch school.

(b) Such applicationsAn application
for a certificate of approval shall
be made on formsa form prepared and
furnished by the state board and
shall contain such information as provided by rules and
regulations ofmay be required by the state board.

(c) The state board may issue a certificate of approval upon
deter-
mination that a proprietary school meets the standards
fixedestablished
by the state board. The state board may issue a certificate of
approval to
any proprietary school accredited by a regional or national
accrediting
agency recognized by the United States office of education without
fur-
ther evidence.

Sec. 17. K.S.A. 72-4926 is hereby amended to read as
follows: 72-
4926. The state board shall issue a certificate of approval to a
school whenitthe state board is satisfied that
athe school meets minimum standards
established in accordance with this act.

Minimum standards shall be established by the
state board by adoption
of rules and regulations to insure that:

(a) Courses, curriculum, and instruction in proprietary
schools are of
such quality, content, and length as may reasonably and
adequatelyachieveinsure achievement of the stated
objective for which the courses,
curriculum or instruction are offered.

(b) Proprietary schools have adequate space, equipment,
instruc-
tional material, and personnel to provide education and
training of good
quality.

(c) Educational and experience qualifications of directors,
adminis-
trators, and instructors are such as may reasonably insure that
students
will receive training consistent with the objectives of their
program of
study.

(d) Proprietary schools maintain written records of the
previous ed-
ucation and training of students and applicant students, and that
training
periods are shortened when warranted therebyby
such previous educa-tion and training or by skill or achievement tests.

(e) A copy of the course outline, schedule of tuition, fees,
and other
charges, settlement policy, rules pertaining to absence, grading
policy,
and rules of operation and conduct are furnished to students upon
entry
into class.

(f) Upon completion of training, students are given
certificates or
diplomas by the school indicating satisfactory completion of
training in
courses.

(g) Adequate records are kept to show attendance,
satisfactory aca-demic progress or grades, and
enforcement of satisfactory standards
areenforced relating to attendance, progress, and
conduct.

(h) Schools comply with all local, city, county, municipal,
state and
federal regulations, such as fire codes, building and
sanitation codes.

(i) Schools are financially responsible and capable of
fulfilling its com-
mitments for training.

(j) Schools do not utilize erroneous or misleading
advertising, either
by actual statement, omission, or intimation, and are not
in violation ofminimum standards relating to advertising.

(k) School administrators, directors, owners and
instructors are ofgood reputation and character.

(l)(k) Schools have and maintain a
policy, which shall be subject to
state board approval, for the refund of the unused
portions of tuition,
fees, and other charges in the event a student enrolled by the
school fails
to begin a course or withdraws or is discontinued therefrom at any
time
prior to completion, which policies shall take into account those
costs of
the school that are not diminished by the failure of the student to
enter
or complete a course of instruction. Policies under this
subpart shall beconsonant with standards approved by the United States
office of edu-cation, and such standards shall be presumed to be
reasonable.

Sec. 18. K.S.A. 72-4927 is hereby amended to read as
follows: 72-
4927. (a) The state board, upon review of an application for a
certificate
of approval duly submitted in accordance with the provisions of
K.S.A.
72-4925, and amendments thereto, and meeting the
requirements of
K.S.A. 72-4926, and amendments thereto, shall issue a
certificate of ap-
proval to the applicant proprietary school. Certificates of
approval shall
be in a form specified by the state board with advice from the
commission.
Certificates of approval shall state clearly and
conspicuously at least the
following information:

(1) The date of issuance, effective
date and term of approval;

(2) the correct name and address of the school; and

(3) the authority for approval and conditions of
approval, if any, re-ferring specifically to the approved catalog or bulletin
published by theschool;

(4) the signature of the commissioner of
education or a person des-
ignated by the state board to administer the provisions of this
act; and.

(5) any other fair and reasonable representations as
are consistentwith this act and deemed necessary by the state
board.

(b) Certificates of approval shall be valid for a term of one
year.

(c) Each certificate of approval shall be issued to the owner
of an
applicant proprietary school and shall be nontransferable. In the
event of
a change in ownership of a proprietary school, the new owner must
apply,
within 6030 days prior to the change in
ownership, apply for a new
certificate of approval. The state board may waive the
6030 day require-
ment upon its determination that an emergency
exists and that the waiver
and change in ownership would be in the best interests of students
cur-
rently enrolled in the proprietary school. Whenever a change of
owner-
ship occurs as a result of death, court order or operation of law,
the new
owner shall forthwith apply immediately for
a new certificate of approval.

(d) At least 3060 days prior to
expiration of a certificate of approval,
the state board shall forward to the proprietary school a renewal
appli-
cation form which shall set forth any requirements by the
state board forrevised or additional information to enable the state board
to renew thecertificate of approval.

(e) Any school which is not yet in operation when its
application fora certificate of approval is filed shall not begin
operationaccept paymentsfor tuition, fees or other enrollment charges until receipt
of athe certifi-
cate of approval.

(f) Any school which does not plan to renew a certificate
of approvalmust notify the state board at least 60 days prior to the
expiration dateof the certificate of approval.

Sec. 19. K.S.A. 72-4928 is hereby amended to read as
follows: 72-
4928. (a) If the state board, upon review and consideration of an
appli-
cation for a certificate of approval, shall
determinedetermines the appli-
cant to be unacceptable, the state board shall refuse to issue the
certificate
and set forth the reasons thereforfor the
determination.

(b) If an applicant, upon written notification of
refusal by the stateboard to issue a certificate of approval, the
applicant desires to contest
such refusal, the applicant shall notify the state board in
writing, within
15 days after the date of service of such notice of refusal,
of the desire to
be heard, and such applicant shall be afforded a hearing in
accordance
with the provisions of the Kansas administrative procedure act.
Upon
conclusion of any such hearing hereunder,
the state board shall issue a
certificate of approval or a final refusal to do so.

(c) If an applicant, upon service of notice of refusal by
the state board
to issue a certificate of approval, fails to request a hearing
within 15 daysthereafterafter the date of service of such
notice of refusal, the state
board's refusal shall be final.

Sec. 20. K.S.A. 72-4929 is hereby amended to read as
follows: 72-
4929. (a) The state board may revoke a certificate of
approval or placeimpose reasonable conditions upon the continued approval
represented
by a certificate. Prior to revocation or imposition of conditions
upon a
certificate of approval, the state board shall notify the holder of
the cer-
tificate in writing of the impending action setting forth the
grounds for
the action contemplated to be taken and affording a hearing on a
date
within 30 days after the date of such notice. Hearings under this
section
shall be conducted in accordance with the provisions of the Kansas
ad-
ministrative procedure act.

(b) A certificate of approval may be revoked or conditioned if
the
state board has reasonable cause to believe that the school is
guilty of ain violation of any provision of this act or of any
rules and regulations
adopted hereunderunder this act.

Sec. 21. K.S.A. 72-4931 is hereby amended to read as
follows: 72-
4931. (a) All representativesEach
representative of a proprietary school
shall register with the state board. Application for registration
may be
made at any time and shall be based on information
submitted by theschool and the representative in accordance with the
provisions of thisacton a form prepared and furnished by the
state board and shall containsuch information as may be required by the state board.

(b) Registration of a representative shall be effective upon
receipt of
notice from the state board and shall remain in effect until
expiration of
the certificate of approval of the school employing such
representative.
Renewal of representative registration shall be in accordance with
the
renewal application form forwarded to the school by the state
board.

(c) Denial or revocation of registration of a representative
by the state
board shall be in accordance with the provisions of this act
applicable to
denial or revocation of a certificate of approval.

(d) Schools domiciled, or having their principal place
of business,outside of the state of Kansas that employ representatives
to canvass,solicit or contract with any person within the state of
Kansas shall besubject to the requirements for registration of
representatives.

(e)(d) A representative
representingemployed by more than one
school shall obtain a separate permitnot be
required to register for each
school which he represents, except that when
a representative representssuch schools havinghave a common
ownership, only one permit shall berequired.

Sec. 22. K.S.A. 1997 Supp. 72-4932 is hereby amended to
read as
follows: 72-4932. (a) Before a certificate of approval is issued
under this
act, a bond in the penal sum of $20,000 shall be provided by
the school
for the period duringfor which the
certificate of approval is to be issuedand. The obligation of the bond shall be
that neither this act nor any ruleor regulation adopted thereunder shall be violated
by the school or anyofand its officers, agents,
representatives orand other employees
shallbe bound, upon closure of the school, to deliver or make
available to thestate board the records of all students who are in attendance at
the schoolat the time of closure or who have attended the school at any
time priorto closure. The bond shall be a corporate surety bond issued
by a company
authorized to do business in this state conditioned that
the parties theretoshall pay all damages or expenses which the state, or any
governmentalsubdivision thereof, or any person may sustain resulting
from any suchviolation. The bond shall be for use and benefit of the
state or any personor governmental subdivision of the state which may suffer
expense ordamage by breach thereof. The bond shall be filed
with the state board.
If the proprietary school ceases operation, the state board may
recover
against the bond all necessary costs for the acquisition, permanent
filing,
and maintenance of student records of the proprietary school.

(b) Before a representative may be registered under
this act, a bondin the penal sum of $2,000 shall be provided by or for each
such repre-sentative for a period running concurrently with that of
the school's cer-tificate of approval and the obligation of the bond shall
be that neither aprovision of this act nor any rule or regulation adopted
thereunder shallbe violated, nor shall fraud or misrepresentation in
securing the enroll-ment of a student be committed by the representative. The
bond shallbe a surety bond issued by a company authorized to do
business in thisstate conditioned that the parties thereto shall pay all
damages or ex-penses which the state, any governmental subdivision
thereof, or any per-son may sustain resulting from any such violation. The bond
shall be forthe use and benefit of the state or any person or
governmental subdivisionof the state as may suffer expense or damage by breach
thereof. The bondshall be filed with the state board.

(c)(b) In lieu of the corporate
surety bond required in subsectionsunder subsection (a) and (b) of this
section, a school may, in the alter-native, provide any other similar
certificate or evidence of indebtedness
or insurance as may be acceptable to the state board if such
certificate or
evidence of indebtedness or insurance meets allis conditioned that the
requirements of subsectionssubsection (a)
and (b)shall be met.

(d) Schools domiciled, or having their principal place
of business,outside of the state of Kansas, that employ representatives
to canvass,solicit or contract with any person within the state of
Kansas shall besubject to the bond requirements for both the school and
its represen-tatives.

(e) The state board, for good cause shown, as
recommended by thecommission, may waive and suspend the requirements set
forth in sub-sections (a), (b), and (c) of this section with respect to
schools operatingwholly or in part under a federal grant where no tuition
fee is charged tothe student.

Sec. 23. K.S.A. 72-4933 is hereby amended to read as
follows: 72-
4933. (a) Subject to the provisions of subsection (b), no
tuition in an
amount greater than $200$350 shall be
collected from a student by anynoncorrespondence school more than
1030 days before the student re-
ceives actual shop or classroom instruction, and
not more than $100$150
of such an amount may be retained by a school from
any student who
fails to enter the school.

(b) In the case of a correspondence school, no tuition
in an amount
greater than $100$200 shall be collected
by any correspondence schoolsooner than 10 days afterfrom a student prior
to the first submission of
a lesson by suchthe student for
evaluation at the home office of theschool, and not more than $50$75 of any such amount may be retained
by thea school from any student who fails
to enter the school.

(2) solicit prospective students without being bonded
and registeredor certified as required by this act;

(3) accept contracts or enrollment applications from a
representative
who is not bonded and certifiedregistered
as required by this act;

(4) use fraud or misrepresentation in advertising or in
procuring astudent's enrollment of a student.

(b) Violation of any provision of subsection (a) of
this section or of
any other provision of this act is a class C nonperson
misdemeanor.

Sec. 25. K.S.A. 72-4935 is hereby amended to read as
follows: 72-
4935. Upon application of the attorney general or
thea county or district
attorney, the district courts shall have the power
and jurisdiction to enjoin
any violation of this act. In cases of substantial and
willful violations ofthe act, district courts shall have the power and
jurisdictionand to enjoin
persons from engaging in business in this state. In any action
brought to
enforce the provisions of this act, if the court finds that a
person is willfullyusing or has willfully used a
method,any deceptive or misleading act or
practice declared to be unlawful by this act, the
attorney general or thea county or district attorney, upon petition to the
court, may recover onbehalf of the state, in addition to the criminal penalties
provided hereinin this act, on behalf of the state, a
civil penalty of not exceeding
onethousand dollars ($1,000)$1,000 per person
for each violation. For pur-
poses of this section, a willful violation occurs when the person
commit-
ting the violation knew or should have known that
histhe conduct of theperson consisted of acts or practices which were
deceptive or misleading.

Sec. 26. K.S.A. 72-4936 is hereby amended to read as
follows: 72-
4936. Any note or contract taken by any school, or its
officers, directors,
agents, solicitors, or representatives,
without having complied with the
provisions of this act, shall be null and void and any
person who shall
have entered into a contract with such a school or its officers,
directors,
agents, solicitors, or representatives shall be
entitled to a full refund of
the money or consideration paid plus interest accruing from the
date ofpayment at thea rate of
eight percent (8%) per annum from the date
ofpaymentequal to the rate specified in K.S.A.
16-207, and amendmentsthereto, together with other damages sustained by such
studentperson.

Sec. 27. K.S.A. 72-4937 is hereby amended to read as
follows: 72-
4937. Whenever any school negotiates any promissory instrument or
note
received from a student or on behalf of a student as payment
of tuition
or other chargesfees charged by such
school, any person or assignee or
holder to whom the instrument or note is assigned shall take such
instru-mentsinstrument or note subject to all
defenses of any student which
would be available to thatthe student
in an action on a simple contractfrom whom or on behalf of whom the instrument or note was
received.

Sec. 28. K.S.A. 72-4938 is hereby amended to read as
follows: 72-
4938. Fees for certificates of approval and registration of
representatives
shall be collected by the state board in accordance with the
following
schedule:

(a) For schools domiciled or having their principal place of
business
within the state of Kansas:

(1)Initial issuance of certificate of
approval

$250.00$800.00

(2)Renewal of certificate of
approval, annual fee

200.00300.00

(3)Initial registration of
representative

25.0050.00

(4)Annual renewal of
registration of representative

15.0025.00

(b) For schools domiciled or having their principal place of
business
outside the state of Kansas:

(1)Initial issuance of certificate of
approval

$700.00$1500.00

(2)Renewal of certificate of
approval, annual fee

600.00750.00

(3)Initial registration of
representative

70.00100.00

(4)Annual renewal of
registration of representative

50.0075.00

Sec. 29. K.S.A. 72-4939 is hereby amended to read as
follows: 72-
4939. Necessary and reasonable expense of(a) The state board incurredin investigation or examination of any school applying for
a certificate ofapproval under this act shall be borne by such school and
shall be paidto the state board as a condition of and prior to the
issuance of suchcertificate.shall remit all moneys
received pursuant to the provisions of
this act to the state treasurer. Upon receipt of each such
remittance, thestate treasurer shall be depositeddeposit the entire amount remitted in
the state treasury and creditedshall credit
the same to a specialthe pro-prietary school fee fund to be used for the purpose of
administering this
act. All expenditures from the proprietary school fee fund shall
be madein accordance with appropriations acts upon warrants of the
director ofaccounts and reports issued pursuant to vouchers approved by the
stateboard or by a person or persons designated by the state
board.

(b) On or before the 10th of each month, the director of
accounts andreports shall transfer from the state general fund to the
proprietary schoolfee fund interest earnings based on: (1) The average daily
balance of mon-eys in the proprietary school fee fund for the preceding month;
and (2)the net earnings rate for the pooled money investment portfolio
for thepreceding month.

Sec. 30. K.S.A. 72-4940 is hereby amended to read as
follows: 72-
4940. If any clause, paragraph, subsection or
sectionssection of thistheKansas proprietary school act shall be held unconstitutional
or invalid, it
shall be conclusively presumed that the legislature would have
createdenacted the remainder of the act without such
unconstitutional or invalid
clause, paragraph, subsection or sectionssection.